Web Services Agreement

  • You are hiring us, IQSAY, LLC, Doing Business As THE HCP TEAM located at: 244 Biscayne Blvd., Miami, Florida 33132 (the “Company”), for a web project for the estimated prices indicated in this agreement and/or online order form. As our client (the “Client”), you have the legal power and authority to enter into this agreement on behalf of your company or organization.
  • We have the experience and ability to perform the services you need from us, and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set, but we cannot be responsible for a missed launch date or a deadline if you or your contractors or employees have been late in supplying materials or have not approved or signed off our work on time at any stage. Additionally, we will also maintain the confidentiality of any information that you give us.
  • The client guarantees any and all elements of text, graphics, photos, designs, trademarks, and/or other artwork provided to IQSAY, LLC for inclusion in the relevant projects are owned by the client, or that the customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend IQSAY, LLC and its subcontractors from any liability or suit arising from the use of such elements.
  • In no event will IQSAY, LLC be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the relevant project(s) or to the content provided by the client. Client shall defend, indemnify and hold harmless IQSAY, LLC and its members from and against any and all claims, actions, suits, proceedings, losses, damages, liabilities, fees, costs, and expenses arising out of or in connection with the relevant project(s).
  • It is understood and agreed that IQSAY, LLC’s liability to client, whether in contract, in tort (including but not limited to for negligence), or otherwise, shall not exceed the actual amounts paid by Customer to IQSAY, LLC pursuant to this Agreement. Under no circumstances shall IQSAY, LLC be liable for special, indirect, or consequential damages, including but not necessarily limited to lost profits, loss of business relationships, damage to reputation, or loss of goodwill.
  • After the design/concept has been approved by the client (prior to development), additional designs & revisions may incur IQSAY, LLC’s development-unit rate of three hundred dollars ($300.00) per unit. All fees are non-refundable.
  • The Client hereby grants the Company the right to place the Company’s logo on the footer of the Client’s website. This logo will include a hyperlink to the Company’s website. The placement and size of the logo will be determined by Company, ensuring it is in a position that is both prominent and harmonious with the Client’s website design.
  • During the term of our engagement and for a period of two years following its termination, both parties agree to refrain from directly or indirectly soliciting, inducing, or attempting to induce any employee, contractor, or subcontractor of the other party who works directly with the company to terminate their employment or contractual relationship, or to engage in employment or consultancy with their own or any other entity. This agreement applies to all employees, contractors, and subcontractors who are or have been associated with either party during the term of our engagement. Each party acknowledges that breach of this clause could result in substantial harm to the other party, which may necessitate legal action including but not limited to seeking injunctive relief and damages. Additionally, the breaching party agrees to pay the non-breaching party a predetermined amount as liquidated damages, agreed upon as a reasonable estimation of the damages that would be incurred as a result of the breach. Both parties agree that this mutual non-solicitation is a fair and reasonable measure designed to protect the stability of the workforce and maintain business integrity.
  • Both parties agree that this contract constitutes the full Agreement between them, and that it shall be construed in accordance with Miami-Dade County, Florida, USA, law. Any modifications to this Agreement must be made in writing and signed by both parties in order to be valid. Further, the parties agree that in the unlikely event that a controversy between them arises out of this Agreement that cannot be resolved, all claims shall be resolved only in Miami-Dade County, Florida, courts as the proper venue, and only through binding mediation, with the prevailing party being entitled to recover for reasonable attorney’s fees and for court/mediation costs.

Fee Summary

12 Months Commitment-Payment Plan (Binding Agreement)
  • Initial Payment as indicated on the online order form based on customer selection. Usually, $699, $1,399, or $3,499.
  • Monthly Payments: for the next 11 months, starting one month after the initial payment, the client will be charged the same amount as in the initial payment.
  • Ongoing Services Payment: After the first 12 months, the client will pay $499, $649, or $849 per month for CRM, Hosting, Maintenance, and Basic Technical Support as per the client’s initial selection according to The HCP Team official pricing page.
  • Late Fees: A late fee of 10% of the missed payment amount will be applied if the payment is not received within 5 business days after the due date. For example, if a monthly payment of $699 is overdue, a late fee of $69.90 will be added to the amount owed.
  • Consequences of Non-Payment: Failure to pay the due amount along with the accrued late fees within 45 days of the due date will result in immediate suspension of all ongoing work and may result in the Client losing access to any deliverables previously provided. All deliverables remain the property of Company until the total amount agreed upon in the contract, including any late fees, is paid in full.
  • Reinstatement: Work may be reinstated and access to deliverables may be restored at Company’s discretion, only after all overdue payments and late fees are settled.
  • Retention of Title: The Client acknowledges that all products, services, and intellectual property delivered under this agreement shall remain the property of the Company until the customer has completed all payments, including late fees, as stipulated in the payment schedule. Failure to complete payments will result in forfeiture of any rights to the deliverables.
  • The Client agrees to the usage fees for emails, text messages, and calls as detailed in the accompanying fee chart provided by the Company. The Client is required to make an initial deposit and to replenish the deposit account whenever the balance falls below $25. These fees will be billed against the deposit, and ongoing usage will be calculated based on the Client’s activity. The Client acknowledges their responsibility to maintain sufficient funds to cover usage and agrees to replenish the deposit promptly when notified that the balance is low. Continued use of the Company’s services confirms the Client’s acceptance of these terms and any future adjustments to the fee structure and deposit requirements.

IN WITNESS WHERE OF, the parties hereto have executed this Agreement by their duly authorized representatives with a full understanding of all provisions and their obligations thereof, as of the date of signing this Agreement. I, the Client, have read and agree to all terms and conditions as described above. I acknowledge that by checking the checkbox on the online Order Form, I am providing the electronic equivalent of my signature and initials for all purposes, including legally binding documents and contracts, with the same validity as a traditional pen-and-paper signature.

usage fee:

Emails Test Messages Making Calls Receiving Calls
COST: 0.0014/email 0.0158/segment 0.028/min 0.017/min
$10 will give you 7145/emails 635/segments 355/calls 590/calls